HomeMy WebLinkAboutCC MINUTES 1984 05 07 MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
MAY 7, 1984
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Kennedy at 7:00 p.m. in the
City Council Chambers, 300 Centennial Way. The Pledge of Allegiance
was led by Councilman Hoesterey, and the Invocation'was given by
Councilman Edgar.
II. ROLL CALL
Councilpersons Present: Ursula E. Kennedy, Nayor
Frank H. Greinke, Mayor Pro Tem
Richard B. Edgar
Ronald B. Hoesterey
Donald J. Saltarelli
Councilpersons Absent: None
Others Present: James G. Rourke, City Attorney
William A. Huston, City Manager
Mary E. Wynn, City Clerk
Donald D. Lamm, Com. Development Director
Robert S. Ledendecker, Dir. of Public Works
Ronald A. Nault, Finance Director
Charles R. Thayer, Chief of Police
Royleen A. White, Dir. of Admin. & Corn. Srvcs.
Isabelle McClements, St. Citizens Leader
Approximately 125 in the audience
III. PUBLIC INPUT
1. REGULATIONS FOR OFF-SALE LIQUOR OUTLETS
i Jack Miller, 17352 Packer Drive, representing the "Parents Who
.... Care" organization, read a letter dated May 4, 1984, addressed to
the Council which recommended: 1) A moratorium on issuance of per-
mits to alcoholic beverage outlets, except restaurant-type loca-
tions, to allow the Planning Commission and City Council time to
study the negative impact of such outlets; 2) That the criterion
for distance between schools and off-sale outlets be set at 1,000
feet minimum, and 600 feet minimum for on-sale outlets; 3) That the
sale of alcoholic beverages and motor vehicle fuel at the same
business location be prohibited; and 4) That all off-sale outlets
be subject to the CUP process, as required by most other Orange
County cities.
It was then moved by Hoesterey, seconded by Edgar, to direct the
Planning Commission to review how other Orange County cities are
dealing with this matter, and report back with recommendations
based on that review.
Mr. Miller requested that Council also declare a moratorium on
issuance of permits during the review period. In response to
Councilman Hoesterey, the City Attorney stated that the Council
could adopt a 90-day moratorium on issuance of any permits; staff
could come back to Council with an emergency ordinance of that
type, with a condition that a study is to be placed into process
with a report for a permanent solution to come back to Council; and
the 90-day moratorium could be extended at a later point.
Following Council/staff discussion, the motion was amended by
Hoesterey, seconded by Edgar, to direct staff to prepare an urgency
ordinance declaring a 90-day moratorium on issuance of permits for
retail "off-sale" liquor outlets to allow the Planning Commission
time to review other Orange County cities' regulations for same,
and report back with recommendations based on that review.
The amended motion carried 5-0. 81
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IRVINE COMPANY'S PROPOSED AUTO CENTER AT BRYAN & BROWNING AVENUES
The following persons spoke in opposition to subject project:
Bob Clevenger, 1761 Andrews, voiced concerns about the proposed
location of the project to schools, a church, and residential
areas.
Bruce Carter, no address given, felt the project should be termi-
nated without going into public hearings or plan review.
Councilman Edgar explained the Environmental Impact Report process
and noted that Council is legally required to conduct public hea.r-
ings to receive all evidence and public input.
Hubert Clark, 1942 San Juan, stated that the purpose of area resi-
dents attending this evening is to make Council aware of their
opposition to the present location of the proposed project.
Councilman Saltarelli provided additional information pertaining to
development of the East Tustin area; he assured the audience that
Council will not allow a commercial development 60 feet from exist-
ing residential areas; and that whatever is done, there must be
residential-type buffers to protect the existing residential
areas. Councilman Saltarelli stated he felt the project should be
located at the I-5 Freeway and Myford Road.
Oscar Barnhardt, 13872 Karen Way, shared photos of Browning Avenue
which was flooded during last year's rainstorms.
Mayor Kennedy thanked residents in attendance and encouraged all to
leave their name, address, and phone number with the City Clerk for~
mailing of information and public hearing notices.
An informal question-and-answer/discussion period followed, and the
City Manager once again explained the EIR process. 81
IV. PROCLAMATIONS
1. "FIRE SERVICE RECOGNITION DAY" - MAY 12, 1984
Mayor Kennedy read and presented a proclamation to Battalion Chief
Greg Peterson, Orange County Fire Department, designating Saturday,
May 12, 1984, as "Fire Service Recognition Day." Chief Peterson
thanked the Council on behalf of Fire Chief Holms and the Orange
County Fire Department. 84
2. "OLDER AMERICANS MONTH" - MAY, 1984
A proclamation designating the month of May, 1984, as "Older Ameri-
cans Month" was read and presented by Mayor Kennedy to Isabelle
McClements, Senior Citizens Leader. Mrs. McClements thanked the
Council and introduced officers of various senior citizens' clubs. 84
V. PUBLIC HEARINGS
1. AMENDMENTS TO 1979 UNIFORM BUILDING CODE - ORDINANCE NO. 909
The staff report and recommendation was presented by the Community
Development Director as contained in the inter-com dated May 7,
1984, prepared by the Community Development Department. A brief
question-and-answer period followed.
The public hearing was opened at 8:05 p.m. There being no speakers
on the matter, the public hearing was closed.
It was then moved by Greinke, seconded by Saltarelli, that Ordi-
nance No. 909 have first reading by title only. Carried 5-0.
Following first reading by ltitle only of Ordinance No. 909 by the
City Clerk, it was moved by Saltarelli, seconded by Edgar, that
Ordinance No. 909 be introduced as follows:
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ORDINANCE NO. 909 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING PART 8, CHAPTER 1, SECTION 8103 OF THE
TUSTIN MUNICIPAL CODE, ESTABLISHING AMENDMENTS OF THE 1979 UNIFORM
BUILDING CODE (Re: El'evators, Escalators, Etc.)
Motion carried 5-0. 30
2. ZONING ORDINANCE AMENDMENT NO. 84-1 - ORDINANCE NO. 911
The Community Development Director presented the staff report and
recommendation as contained in the inter-com dated May 7, 1984,
prepared by the Community Development Department.
Council discussion followed on restricting day care homes with
swimming pools.
The public hearing was opened at 8:10 p.m. There being no speakers
on the matter, the public hearing was closed.
It was moved by Edgar, seconded by Hoesterey, that Ordinance No.
911 have first reading by title only. Carried 5-0. The City Clerk
provided first reading by title only of Ordinance No. 911.
It was then moved by Edgar, seconded by Saltarelli, that Ordinance
No. 911 be introduced and amended to exclude day care homes with
swimming pools as follows:
ORDINANCE NO. 911 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY
CODE ALLOWING LARGE FAMILY DAY CARE HOMES IN THE SINGLE-FAMILY
RESIDENTIAL DISTRICTS (ZONING ORDINANCE AMENDMENT NO. 84-1)
Following Council/staff discussion, the motion carried 5-0. 109
~"', VI. CONSENT CALENDAR
Item No. 7 was removed from the Consent Calendar by Edgar. It was
moved by Saltarelli, seconded by Greinke, to approve the remainder of
the Consent Calendar. Carried b-U.
1. APPROVAL OF MINUTES - APRIL 16, 1984, REGULAR MEETING'
APRIL 17, 1984, ADJOURNED REGULAR MEETING
2. RATIFICATION OF PAYROLL IN THE AMOUNT OF $107,040.90
APPROVAL OF DEMANDS IN THE AMOUNT OF $1,304,863.24 50
3. RESOLUTION NO. 84-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, OPPOSING H.R. 4103 (Cable Television}
Adopted Resolution No. 84-34 as requested by the City Council.
53
4. REJECTION OF CLAIM OF WILLIAM ALLEN REID; DATE OF LOSS: 3-8-84;
DATE FILED WITH CITY: 3-29-84; CLAIM NO. 84-7
Rejected subject claim as recommended by the City Attorney.
40
5~ POLICE VEHICLE REPLACEMENT
Authorized exception to Tustin bid procedures and authorized
-~-=~.~ purchase of two Chevrolet Impalas to replace the older, high
! mileage units in our patrol fleet, at a cost of $22,484.72 as
~ recommended by the Chief of Police. 87
6. RESOLUTION NO. 84-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 12138 (2681,
2685, 2691Dow Avenue)
Adopted Resolution No. 84-36 as recommended by the Community
Development Department. 99
8. HOMEOWNER REQUEST FOR TREE REMOVAL - 13572 UTT DRIVE
Authorized removal of subject trees under the provision of the
current City Tree Removal Policy, Section II, as recommended by
the Maintenance Superintendent. 86.1
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9. IMPROVENENT AGREEMENTS FOR TRACTS NO. 8590 AND NO. 8763
Authorized the following: 1) Execute the amended and restated
Jamboree Road Improvement Agreement between the Irvine Company
and the City of Tustin; and 2) Release of the following Sub-
division Improvement Bonds: Tract No. 8590, #244109 - Faithful
Performance in the amount of $318,750.00 and #244109 Labor
and Materials in the amount of $159,375.00 and Tract No. 8763,
#2584139 - Faithful Performance in the amount of $498,700.00,
and #2584139 - Labor and Materials in the amount of $249,350.00
as recommended by the Director of Public Works/City Engineer.
45; 84-26 99
10. CITIZEN REQUEST FOR TREE REMOVAL - 14831 BRANBURY CIRCLE
Authorized removal of subject tree under provisions of Section
II of the current City Tree Removal Policy as recommended by
the Maintenance Superintendent. 86.1
11. DISPOSAL OF SURPLUS ITEMS
Declared the 45 items listed in subject report as surplus items
to the needs of the City as recommended by the Director of
Public Works/City Engineer. 85
12. RESOLUTION NO, 84-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 84-2
(Walnut Street)
Adopted Resolution No. 84-37 as recommended by the Director of
Public Works/City Engineer. 81
Consent Calendar Item No. 7 Senior Center Consultant Contract -
Councilman Edgar expressed concern that a tentative date be fixed for
commencement of project. If that date is not feasible, then a report
should be made to Council fixing a future date, etc. Council discus-
sion followed. It was then moved by Edgar, seconded by Hoesterey, to
approve the following with the condition that Council have a status
report at the September 4, 1984, Council meeting:
7. SENIOR CENTER CONSULTANT CONTRACT
Approved the Senior Center Consultant Contract with Recreation
Systems, Inc., in the amount of $5,000 and authorize the Mayor
and City Clerk to sign the agreement as recommended by the
Recreation Superintendent.
Motion carried. 45
84-27
VII. ORDINANCE FOR INTRODUCTION
1. NUISANCE ABATEMENT PROCEDURE - ORDINANCE NO. 908
The Community Development Director presented the staff report and
recommendation as contained in the inter-com dated May 7, 1984,
prepared by the Community Development Department.
Council/staff discussion followed regarding Councilman Greinke's
concern over prohibiting parking of vehicles on residentia3 lawns,
Council concurred to direct staff to present a plan at the May 21,
1984, meeting for abatement/removal of inoperative vehicles and
prohibition of parking vehicles on lawns.
It was then moved by Saltarelli, seconded by Edgar, that Ordinance
No. 908 have first reading by title only. Carried 5-0. Following
first reading of Ordinance No. 908 by title only by the City Clerk,
it was moved by Edgar, seconded by Greinke, that Ordinance No. 908
be introduced as follows:
ORDINANCE NO. 908 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADDING CHAPTER 5, SECTIONS 5500 THROUGH 5510,
TO ARTICLE 5 OF THE TUSTIN CITY CODE, ESTABLISHING NUISANCE ABATE-
MENT REGULATIONS
Motion carried 5-0. 81
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VIII. ORDINANCE FOR ADOPTION
1. ZONE CHANGE 84-1 - ORDINANCE NO. 910
It was moved by .oesterey, seconded by Ed Sdi
glo .ave second reading by tit,e only.
second reading by title only of Ordinance No. 910 by the City
Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance
No. 910 be passed and adopted as follows:
ORDINANCE NO. 910 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING THE RE-ZONING OF THE PROPERTY LOCATED AT 17361 MCFADDEN
AVENUE FROM MULTIPLE FAMILY RESIDENTIAL (R-3) DISTRICT TO RETAIL
COMMERCIAL (C-1) DISTRICT
Roll call vote:
AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
NOES: None
ABSENT: None 110
IX. OLD BUSINESS
None.
X. NEW BUSINESS
1. PARKING COMPLAINTS - 200 BLOCK W. SIXTH SlREET & 500 BLOCK S. "C"
STREET
The Director of Public Works presented the staff report and recom-
mendation as contained in his report dated May 2, 1984.
~ Charles Anderson, 255 West Sixth Street, relayed vehicle parking
~ problems and incidents related to same.
Council/staff discussion followed, and the Chief of Police reported
methods they are legally empowered to use to resolve some of the
parking problems.
It was moved by Edgar, seconded by Greinke, to conduct a neighbor-
hood meeting to discuss any proposed changes with respect to park-
ing modifications that residents desire to implement along Sixth
Street, "C" Street, or E1 Camino Real. Carried 5-0. 75
2. REPORT ON 40 PLUS ADULT SOFTBALL LEAGUE FEES
The staff report and recommendation was presented by the Director
of Community and Administrative Services as contained in the inter-
com dated May 2, 1984, prepared by the Recreation Superintendent.
Following a brief question-and-answer period, it was moved by
Greinke, seconded by Saltarelli, to maintain a fee of ~, and
keep the same number of games and awards. Carried 5-0. 41
from
3. LOCAL REGULATION OF FIREWORKS - RESOLUTION NO. 84-38
As recommended in the inter-com dated May 3, 1984, prepared by the
City Attorney, it was moved by Edgar, seconded by Kennedy, to adopt
the following:
RESOLUTION NO. 84-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, SUPPORTING THE CONCEPT OF LOCAL REGULATION
OF FIREWORKS
Motion carried 5-0. 52
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XI. REPORTS
1. PLANNING COMMISSION ACTIONS - APRIL 23, 1984
Mayor Kennedy expressed appreciation to the Planning Commission and
staff for their work on Zoning Ordinance Amendment No. 84-1 (Large
Family Day Care Homes).
Councilman Saltarelli reported that Planning Commissioner Kathy
Weil has suggested that 1) the Council Chambers have an identifica-
tion sign; and 2) an interior board be installed in the Chambers
for noting agenda changes, etc. The City Manager indicated staff
would investigate same.
The Planning Commission Action Agenda of April 23, 1983, was rati-
fied by unanimous informal consent. 80
2. TILLER DAYS PROGRESS REPORT
It was moved by Hoesterey, seconded by Kennedy/, that the inter-com
on subject item dated April 17, 1984, prepared by the Community
Services Department be received and filed. Carried 5-0. 34
3. REQUEST PROM PLANNING COMMISSION TO AFFIRM NEED TO INITIATE ZONING
ORDINANCE AMENDMENT LIMITING SPECIFIC USES IN THE IMMEDIATE VICIN-
ITY OF PUBLIC SCHOOLS
Following consideration of the inter-com report dated May 7, 1984.,
prepared by the Community Development Department, it was moved by
Hoesterey, seconded by Edgar, to receive and file same. Carried
5-0. 81
XII. OTHER BUSINESS
1. THIRD QUARTER FINANCIAL REPORT OF OPERATIONS
The City Manager reported that the Third Quarter Financial Report
of Operations has been provided to Council and suggested that it be
reviewed in conjunction with a Budget workshop or as an agenda
item, whichever Council desires. The budget will be delivered to
Council the latter part of the week. 29
2. AUTHORIZED DELEGATE - LEAGUE OF CALIFORNIA CITIES, ORANGE COUNTY
DIVISION
It was moved by Kennedy, seconded by Hoesterey, to appoint Council-
man Richard B. Edgar as Tustin's authorized voting delegate at the
League of California Cities, Orange County Division, meeting to be
held on May 10, 1984. Carried 5-0. 73
3. REQUEST FOR CLOSED SESSION
The City Manager requested a Closed Session for discussion of legal
matters.
4. OIL LEAKS ON CITY STREETS
In response to Councilman Saltarelli's complaint of an old vehicle
parked in Tustin Meadows which leaks a great amount of oil, the
Chief of Police requested that he be provided with the address of
same.
5, KUDOS TO MAYOR KENNEDY
Councilman Saltarelli was joined by Councilman Greinke in commend-
ing Mayor Kennedy on conducting her first meeting as Mayor,
6. ABATEMENT OF OVERCROWDED HOUSING
Councilman Greinke reported the City of Santa Ana has imposed jail
terms on landlords for illegally overcrowded housing and requested
that staff work with Santa Aria to see if Tustin can take the same
type of action.
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7. BULLET TRAIN
Councilman Hoesterey reported that Ameri can Hi gh Speed Rail's
costly trip to Japan has proven unsuccessful in view of reactions
expressed by several legislators who attended, rode the bullet
train, and reviewed economics of the project. 101
8. JOHN WAYNE AIRPORT
Councilman Edgar requested that the Council strongly oppose con-
tinued increase in air flights out of John Wayne Airport.
9. BID AWARD, COLUMBUS-TUSTIN WELL PROJECT
In accordance with Councilman Edgar's concern and following
Council/staff discussion, Council concurred to schedule a Redevel-
opment Agency meeting on May 15, 1984, at 5:00 p.m. for bid award
of the Columbus Tustin Well project, to be followed by a City Coun-
cil workshop regarding water deficiencies. 107
10. CONGRATULATIONS TO ENTIRE CITY STAFF
Councilman Saltarelli congratulated all City departments and staff
for the fine job they have done in the last 90 days which has had
the greatest activity in Tustin's history, i.e., elections, bullet
train, auto center, etc.
11. ACQUISITION OF RAILROAD RIGHT-OF-WAY
Councilman Hoesterey reported that homeowners have expressed inter-
est in acquiring abandoned railroad land between the Peppertree and
Tustin Meadows subdivisions. He requested that staff work with the
homeowners from the standpoint of avoiding potential problems. The
Director of Public Works stated he is presently working with the
residents.
12. CONFIRMATION OF QUORUM FOR MAY 21, 1984, COUNCIL MEETING
Mayor Kennedy reported that two Council members will be out of town
on May 21, 1984, and was able to confirm a quorum will be present
at subject Council meeting.
XIII. RECESS - REDEVELOPMENT - CLOSED SESSION; ADJOURNMENT
At 9:19 p.m. it was moved by Kennedy, seconded by Saltarell~, to recess
to the Redevelopmerit Agency, thence to a Closed Session for discussion
of legal matters; and thence adjourn to a workshop regarding water
deficiencies immediately following the Redevelopment Agency adjourned
regular meeting on May 15, 1984, at 5:00 p.m., and thence to the next
regular meeting on May 21, 1984, at 7:00 p.m. Carried 5-0.
ACTING MA~OR ~7